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" The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder... "
Commentaries on the Laws of England ... - Σελίδα 282
των William Blackstone - 1890
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Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 5;Τόμος 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 σελίδες
...marks the distinction between a vested and contingent interest." Kent's Commentaries, vol. 4, p. 206. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant, before the estate limited in remainder...

A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818 - 752 σελίδες
...liable ; as the remainder-man may die, or die without issue, before the death of the tenant for life. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder...

An Elementary Treatise on Estates: With Preliminary Observation of ..., Τόμος 1

Richard Preston - 1820 - 554 σελίδες
...2258. particular estate, whatever may be the nature of the event on which that estate is to determine. It is the present capacity of taking effect in possession, if the possession were fallen, which invariably distinguishes a vested remainder from a remainder which is contingent (n)...

An Essay on the Doctrine of Remainders: And, as Collateral and Subordinate ...

William Floyer Cornish - 1827 - 284 σελίδες
...effect in, not the criterion of a vested remainder, 98. examination of Mr. Fearne's position, that the present capacity of taking effect in possession, if the possession were to become vacant, universally distinguishes a vested remainder from one that is contingent, 101. POSSIBILITY, on which...

Commentaries on American Law, Τόμος 4

James Kent - 1830 - 556 σελίδες
...possession. Every remainderman may die, and without issue, before the death of the tenant for life. It is the present capacity of taking effect in possession, if the possession were to become ^?acarrf7tT)at"(Trstmguishes a vested JftbJif1a^o1Tnn^eTirrcn7aTn^cp^'^\VIie n ^^_^___^_^_^^___J^j»...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 47

New Jersey. Court of Chancery - 1891 - 700 σελίδες
...remainderman. 2. An estate is vested when there is a present fixed right of present or future enjoyment. It is the present capacity of taking effect in possession, if the posHavens ». Sea Shore Land Co. session were to become vacant, that distinguishes a vested from a...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 82

New Jersey. Court of Chancery - 1914 - 768 σελίδες
...estate.' " 4 Com. 202. Mr. Washburne quotes the foregoing view of Chancellor Kent with approval and adds : "The present capacity of taking effect in possession, if the possession were now to become vacant, and not the certainty that the possession will become vacant before the estate...

A Practical and Elementary Abridgment of the Cases Argued and ..., Τόμος 14

Charles Petersdorff - 1831 - 592 σελίδες
...liable, as the remainder-man may die, or die without issue, before the death of the tenant fur life. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become Vacant before the estate limited in remainder...

A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Τόμος 2

Sir Edward Coke, John Henry Thomas - 1836 - 796 σελίδες
...liable; as the remainder-man may die, or die without issue before the death of the tenant for life. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder...

Commentaries on the Laws of England: In Four Books; with an ..., Τόμος 1

William Blackstone - 1838 - 910 σελίδες
...liable ; as the remainderman may die, or die without issue, before the death of the tenant for life. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder...




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